The situation between us has deteriorated. I fear violence • What do we do?

Eliezer the Lion
June 28, 2015   
Attorney Ariel Dror in the popular Responsa series: I was granted custody of my 4-year-old daughter, but I don't have enough to support her. Can I demand child support from my wife? • A lawsuit was filed against my father, but he is in a poor mental state. Can I represent him?
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question:

I have been married for 10 years. In the past year, the relationship between my husband and I has deteriorated greatly. He threatens me, yells at me, and does not allow me free access to my finances. He has not used physical violence against me, but the atmosphere is very charged and I am afraid that it will spill over into that.

Is there anything I can do to keep him away from the house, even for a short time?

answer:

You can file a protection order under the Domestic Violence Prevention Act. This law does not require the existence of physical violence for the purposes of a restraining order, and it is sufficient to prove ongoing emotional abuse, or conduct that does not allow you to live your life properly.

If you can prove this, there is a good chance that the court will ban your husband for several months, during which you can try to reach agreements regarding the following (according to the law, the order is given for three months, but it can be extended to six months).

question:

After a long dispute, I was granted custody of my 4-year-old daughter, while my wife was granted limited visitation arrangements due to parental incapacity. My financial situation is not good, and I would like to know if I can claim child support from my wife for my daughter?

answer:

As a general rule, the obligation to provide child support falls on the father, according to personal law, especially up to the age of six. Even after the age of six, the obligation to provide for the child's essential needs falls on the father, and the remaining financing of needs (such as classes, summer camps, trips, etc.) falls on the parents equally, according to their financial ability and the child's needs.

In fact, there is very little case law requiring a mother to pay child support to her children when they are with the father, and this exists mainly when the mother's financial situation exceeds that of the father.

Therefore, it seems that on the surface, the chances of a lawsuit, at least at this stage, and as long as your wife's financial situation is not particularly exceptional, are not high.

question:

Hello, my father's mental state has deteriorated recently, and at the same time, a financial claim was recently filed against him for money he did not pay. I am afraid that he will not be able to defend himself properly, mainly because he is confused and does not remember the facts well. I am familiar with the subject matter raised in the lawsuit, how can I take part in it?

 answer: 

You can apply to the Family Court to be appointed as your father's legal guardian. The role of this type of guardian is to take care of all of the ward's legal affairs.

If the court approves the appointment (after receiving approval from other relatives, as well as examining your father's condition), you will need to address the following issues:

A. Represent, yourself or through an attorney, the protected person in various legal proceedings before authorities or committees, such as hearings of the National Insurance Committee, the Claims Committee, etc.

B. Ensure that proceedings are initiated before committees and authorities if necessary in order to protect the interests of the protected person and his property, and ensure legal representation if required in these proceedings.

C. If necessary, hire professional services to maintain confidential matters.

 I would like to point out that you must inform the Social Services Bureau if there is a change in the ward's situation, for better or worse, that requires a change in the guardianship order.

 You can send us questions by email: [email protected]

 Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.


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